DETAILED ACTION
This is the final Office action and is responsive to the papers filed 06/13/2025. The amendments filed on 06/13/2025 have been entered and considered by the examiner. Claims 1, 3-12, 14-21, 23-24 and 26 are currently pending and examined below. Claims 1, 12, 21 and 26 have been amended.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s arguments, see pages 1-4, filed 06/13/2025, with respect to the rejection(s) of claim(s) 1, 3-12, 14-21, 23-24 and 26 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Plavetich et al. (US 20070149284 A1).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-12, 14-21, 23-24 and 26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 12 and 21 recite “wherein the control interface is configured to receive a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road”. In [0009] of the specification, the specification discloses the use of the mobile device as it is connected to the vehicle may be manipulated by a user in a way the simulates a video game. From the Examiner’s understanding, the sentence is saying that when the mobile device is connected to the vehicle, the mobile device can be manipulated to simulate a video game. The specification does not provide any written description on switching the vehicle out of a mode in which the vehicle is drivable on a road to a virtual/augmented reality mode in which the vehicle is not drivable on the road or what processes are being done. The specification does not describe the invention with enough detail to convince a person skilled in the art that the inventor, at the time the application was filed, had possession of the claimed invention. Thus, claims 1, 12 and 21 fail to comply with the written description requirement.
Claims 3-11, 14-20, 23-24 and 26 are rejected as they depend upon rejected claims 1, 12 and 21.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4, 11-12, 14-15, 21, 23-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Biswal et al. (US 20150160019 A1; hereinafter Biswal), in view of Kim et al. (US 20180126986 A1; hereinafter Kim) and in view of Plavetich et al. (US 20070149284 A1; hereinafter Plavetich).
Regarding claim 1, Biswal discloses:
A system (Fig. 3 – systems in vehicle 301), comprising:
a control interface (Fig. 3 – vehicle control system 330 and user interface 318) configured to be installed in a vehicle (Fig. 3 – vehicle 301), the control interface having a plurality of control elements configured to receive first user input data (user input; [0045])(user interface 318 receives data from user-actuated elements; [0045]); and
a communication interface (Fig. 3 – external device interface 312) coupled to the control interface (Fig. 3) and configured to communicate with a mobile device (Fig. 3 – mobile device 342)(external device interface 312 communicates with mobile device 342; Fig. 3, [0036], [0045]);
wherein the control interface is configured to control at least one of an acceleration subsystem (accelerator of vehicle controls 361; [0042]) of the vehicle, a brake subsystem (brake of vehicle controls 361; [0042]) of the vehicle, or a steering subsystem (steering wheel controls 362 of vehicle control 361; [0042]) of the vehicle by transforming the first user input data according to user-specified functions into the control signals applied to accelerate, brake or steer the vehicle upon determining the mobile device is connected to the communication interface (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from mobile device 342 when the mobile device 342 is connected to the external device interface 312; [0036], [0042], [0043], [0045], [0077]), wherein the control interface is configured to receive unique user settings for the user-specified functions transmitted by the mobile device interface through the communication interface (the vehicle control system 330 receives input by the mobile device 342 via the external device interface 312; [0036], [0043]), wherein the user settings cause the transforming of the first user input data into the control signals such that control of the vehicle is a customized driving experience specific to a particular user (aspects of vehicle controls 361 is controlled, modified and/or customized based on user input received from the external devices 340; [0005], [0042]-[0043]);
wherein the control interface is configured to control at least one of the acceleration subsystem of the vehicle, the brake subsystem of the vehicle, or the steering subsystem of the vehicle by transforming the first user input data according to default functions into control signals applied to accelerate, brake or steer the vehicle while the mobile device is not connected to has been disconnected from the communication interface (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from user interface 318 and vehicle setting stored when user interacts with the user interface 318 and not the mobile device 342; [0042], [0043], [0045], [0077]).
Biswal does not specifically disclose:
at least one processor configured to:
monitor a road condition external to the vehicle;
determine, based on the road condition external to the vehicle, a safety rule for operating the vehicle;
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle.
However, Kim discloses:
at least one processor configured to:
monitor a road condition external to the vehicle (determine a state of a road surface on which the vehicle 100 is travelling; [0253]);
determine, based on the road condition external to the vehicle, a safety rule for operating the vehicle (determine that driving the vehicle 100 based on a user command will render the vehicle 100 out of control; [0253]);
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle (based on vehicle driving information, the controller 170 may determine a state of a road surface on which the vehicle 100 is travelling, a speed of the vehicle 100, and the maximum steering angle which does not cause the vehicle 100 to slip, the controller 170 may control the vehicle 100 based on the user command and the vehicle driving information in 5400 depending whether that the user command is consistent or inconsistent with vehicle driving information; [0253]-[0257]).
Biswal and Kim are considered to be analogous to the claimed invention because they are in the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal’s vehicle control to further incorporate Kim’s vehicle control for the advantage of determining whether a user command is suitable for a driving situation which results in vehicle safety (Kim’s [0011]).
Biswal as modified does not specifically disclose:
wherein the control interface is configured to receive a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road, wherein the control interface is further configured to place the vehicle into the virtual reality mode or augmented reality mode, and wherein the control interface is further configured to, while the vehicle is in the virtual reality mode or augmented reality mode, interpret the first user input data received through the plurality of control elements as a user control of a simulated video game.
However, Plavetich discloses:
wherein the control interface is configured to receive a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road ([0035] By simply activating a switch, the gaming mode is initiated with no additional game controls required), wherein the control interface is further configured to place the vehicle into the virtual reality mode or augmented reality mode, and wherein the control interface is further configured to, while the vehicle is in the virtual reality mode or augmented reality mode, interpret the first user input data received through the plurality of control elements as a user control of a simulated video game ([0004] The system is comprised of vehicle controls that are adapted to provide both vehicle control during a normal driving mode and, when selectively disengaged from vehicle control during a gaming mode, game control inputs.; [0015] To eliminate damage to any of the vehicle components during the gaming mode, the controls are selectively disengaged from their normal connections in the car.; [0014] the steering wheel 101 may have a device that provides varying resistance to the turning of the wheel 101 to simulate different track surfaces, water/ice on the track, or foreign objects on the road. Similarly, vibration inducing devices can be used to provide realistic, dynamic feedback to the driver to simulate changing road surfaces or off-road surfaces.).
Plavetich is analogous to the claimed invention because it pertains to the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Plavetich’s vehicle control for the advantage of vehicle control on game play which results in less game controls and cost saving (Plavetich’s [0035]).
Regarding claim 3, Biswal discloses:
wherein the mobile device is configured to provide a user interface (it is inherent that there is an interface so that mobile device 342 may be operated to aggregate user data regarding interactions of the user; [0037]) to receive second user inputs (user data regarding interactions of the user; [0037]); and wherein the vehicle is configured to transform the second user inputs into control signals to steer, brake, or accelerate the vehicle (the vehicle control system 330 receives input from mobile device 342 for controlling accelerator, brake and steering of vehicle control 361; [0042], [0043], [0045]).
Regarding claim 4, Biswal discloses:
wherein the user interface is configured to receive the second user inputs via voice recognition (requested data to be collected on the microphone; [0037])(the mobile device 342 may be operated to aggregate user data regarding interactions of the user to send control instructions to microphone to enable the requested data to be collected; [0037]).
Regarding claim 11, Biswal discloses:
wherein the plurality of control elements includes at least one of a steering wheel, an accelerator pedal, a brake pedal, or a gear stick (vehicle controls 361 or vehicle system control elements includes a steering wheel, accelerator/brake pedals and gear shift; [0042]).
Regarding claim 12, Biswal discloses:
A system (Fig. 3 – systems in vehicle 301), comprising:
a processor (Fig. 3 – vehicle control system 330) of a vehicle (Fig. 3 – vehicle 301);
a communication interface (Fig. 3 – external device interface 312); and
a memory (Fig. 3 – storage device 308 and memory 316) coupled to the processor (Fig. 3), the memory comprising
a plurality of instructions which, when executed, cause the processor to (the storage device 308 and memory 316 store instructions that, when executed, controls the in-vehicle computing system 300 to perform actions; [0033], [0042], [0043], [0045]):
receive, from a control interface (Fig. 3 – user interface 318), a plurality of first user input data (user input; [0045]) from a plurality of control elements (user-actuated elements; [0045])(user interface 318 receives data from user-actuated elements; [0045]);
establish a connection, using the communication interface (Fig. 3 – external device interface 312), with a mobile device (Fig. 3 – mobile device 342)(external device interface 312 communicates with mobile device 342; Fig. 3, [0036], [0045]);
control at least one of steering (steering wheel controls 362 of vehicle control 361; [0042]), braking (brake of vehicle controls 361; [0042]) or accelerating (accelerator of vehicle controls 361; [0042]) of the vehicle by transforming the first user input data according to user-specified functions into the control signals applied to steer, brake or accelerate the vehicle upon determining the mobile device is connection to the communication interface (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from mobile device 342 when the mobile device 342 is connected to the external device interface 312; [0036], [0042], [0043], [0045], [0077]), wherein user settings for the user-specified functions are transmitted by the mobile device to the control interface through the communication interface (the vehicle control system 330 receives input by the mobile device 342 via the external device interface 312; [0036], [0043]), wherein the user settings cause the transforming of the first user input data into the control signals such that control of the vehicle is a customized driving experience specific to a particular user (aspects of vehicle controls 361 is controlled, modified and/or customized based on user input received from the external devices 340; [0005], [0042]-[0043]);
control at least one of steering, braking or accelerating of the vehicle by transforming the first user input data according to default functions into control signals applied to steer, brake or accelerate the vehicle while the mobile device is not connected to the communication interface (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from user interface 318 and vehicle setting stored when user interacts with the user interface 318 and not the mobile device 342; [0042], [0043], [0045], [0077]).
Biswal does not specifically disclose:
monitor a road condition external to the vehicle;
determine, based on the road condition external to the vehicle, a safety rule for operating the vehicle;
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle.
However, Kim discloses:
monitor a road condition external to the vehicle (determine a state of a road surface on which the vehicle 100 is travelling; [0253]);
determine, based on the road condition external to the vehicle, a safety rule for operating the vehicle (determine that driving the vehicle 100 based on a user command will render the vehicle 100 out of control; [0253]);
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle (based on vehicle driving information, the controller 170 may determine a state of a road surface on which the vehicle 100 is travelling, a speed of the vehicle 100, and the maximum steering angle which does not cause the vehicle 100 to slip, the controller 170 may control the vehicle 100 based on the user command and the vehicle driving information in 5400 depending whether that the user command is consistent or inconsistent with vehicle driving information; [0253]-[0257]).
Biswal and Kim are considered to be analogous to the claimed invention because they are in the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal’s vehicle control to further incorporate Kim’s vehicle control for the advantage of determining whether a user command is suitable for a driving situation which results in vehicle safety (Kim’s [0011]).
Biswal as modified does not specifically disclose:
receive a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road;
place the vehicle into the virtual reality mode or augmented reality mode; and
while the vehicle is in the virtual reality mode or augmented reality mode, interpret the first user input data received through the plurality of control elements as a user control of a simulated video game.
However, Plavetich discloses:
receive a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road ([0035] By simply activating a switch, the gaming mode is initiated with no additional game controls required);
place the vehicle into the virtual reality mode or augmented reality mode; and
while the vehicle is in the virtual reality mode or augmented reality mode, interpret the first user input data received through the plurality of control elements as a user control of a simulated video game ([0004] The system is comprised of vehicle controls that are adapted to provide both vehicle control during a normal driving mode and, when selectively disengaged from vehicle control during a gaming mode, game control inputs.; [0015] To eliminate damage to any of the vehicle components during the gaming mode, the controls are selectively disengaged from their normal connections in the car.; [0014] the steering wheel 101 may have a device that provides varying resistance to the turning of the wheel 101 to simulate different track surfaces, water/ice on the track, or foreign objects on the road. Similarly, vibration inducing devices can be used to provide realistic, dynamic feedback to the driver to simulate changing road surfaces or off-road surfaces.).
Plavetich is analogous to the claimed invention because it pertains to the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Plavetich’s vehicle control for the advantage of vehicle control on game play which results in less game controls and cost saving (Plavetich’s [0035]).
Regarding claim 14, Biswal discloses:
wherein the mobile device is configured to provide a user interface (it is inherent that there is an interface so that mobile device 342 may be operated to aggregate user data regarding interactions of the user; [0037]) to receive second user inputs (user data regarding interactions of the user; [0037]); and wherein the vehicle is configured to transform the second user inputs into control signals to steer, brake, or accelerate the vehicle (the vehicle control system 330 receives input from mobile device 342 for controlling accelerator, brake and steering of vehicle control 361; [0042], [0043], [0045]).
Regarding claim 15, Biswal discloses:
wherein the user interface is configured to receive the second user inputs via voice recognition (requested data to be collected on the microphone; [0037])(the mobile device 342 may be operated to aggregate user data regarding interactions of the user to send control instructions to microphone to enable the requested data to be collected; [0037]).
Regarding claim 21, Biswal discloses:
A method, comprising:
receiving, by a control interface (Fig. 3 – vehicle control system 330 and user interface 318), a plurality of first user input data (user input; [0045]) from a plurality of control elements (user-actuated elements; [0045])(user interface 318 receives data from user-actuated elements; [0045]);
receiving, by the control interface through the communication interface, user settings for user-specified functions (the vehicle control system 330 receives input by the mobile device 342 via the external device interface 312; [0036], [0043]);
controlling at least one of steering (steering wheel controls 362 of vehicle control 361; [0042]), braking (brake of vehicle controls 361; [0042]) or accelerating (accelerator of vehicle controls 361; [0042]) of a vehicle by transforming the first user input data according to the user-specified functions into the control signals of the vehicle upon determining a connection being established between the communication interface and the mobile device (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from mobile device 342 when the mobile device 342 is connected to the external device interface 312; [0036], [0042], [0043], [0045], [0077]), wherein the user settings cause the transforming of the first user input data into the control signals such that control of the vehicle is a customized driving experience specific to a particular user (aspects of vehicle controls 361 is controlled, modified and/or customized based on user input received from the external devices 340; [0005], [0042]-[0043]);
controlling at least one of steering, braking or accelerating of the vehicle by transforming the first user input data according to default functions into control signals applied to steer, brake or accelerate the vehicle while the mobile device is not connected to the communication interface (the vehicle control system 330 adjusts the vehicle setting for controlling accelerator, brake and steering of vehicle control 361 according to input from user interface 318 and vehicle setting stored when user interacts with the user interface 318 and not the mobile device 342; [0042], [0043], [0045], [0077]).
Biswal does not specifically disclose:
monitoring a road condition external to the vehicle;
determining, based on the road condition external to the vehicle, a safety rule for operating the vehicle;
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle.
However, Kim discloses:
monitoring a road condition external to the vehicle (determine a state of a road surface on which the vehicle 100 is travelling; [0253]);
determining, based on the road condition external to the vehicle, a safety rule for operating the vehicle (determine that driving the vehicle 100 based on a user command will render the vehicle 100 out of control; [0253]);
and wherein the control signals are modified based on the safety rule such that the control signals are representative of the unique user settings while also being limited within a range by the safety rule related to the road condition external to the vehicle (based on vehicle driving information, the controller 170 may determine a state of a road surface on which the vehicle 100 is travelling, a speed of the vehicle 100, and the maximum steering angle which does not cause the vehicle 100 to slip, the controller 170 may control the vehicle 100 based on the user command and the vehicle driving information in 5400 depending whether that the user command is consistent or inconsistent with vehicle driving information; [0253]-[0257]).
Biswal and Kim are considered to be analogous to the claimed invention because they are in the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal’s vehicle control to further incorporate Kim’s vehicle control for the advantage of determining whether a user command is suitable for a driving situation which results in vehicle safety (Kim’s [0011]).
Biswal as modified does not specifically disclose:
receiving a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road;
placing the vehicle into the virtual reality mode or augmented reality mode; and
while the vehicle is in the virtual reality mode or augmented reality mode, interpreting the first user input data received through the plurality of control elements as a user control of a simulated video game.
However, Plavetich discloses:
receiving a signal indicative of a user request to switch the vehicle out of a mode in which the vehicle is drivable on a road and place the vehicle into a virtual reality mode or augmented reality mode in which the vehicle is not drivable on the road ([0035] By simply activating a switch, the gaming mode is initiated with no additional game controls required);
placing the vehicle into the virtual reality mode or augmented reality mode; and
while the vehicle is in the virtual reality mode or augmented reality mode, interpreting the first user input data received through the plurality of control elements as a user control of a simulated video game ([0004] The system is comprised of vehicle controls that are adapted to provide both vehicle control during a normal driving mode and, when selectively disengaged from vehicle control during a gaming mode, game control inputs.; [0015] To eliminate damage to any of the vehicle components during the gaming mode, the controls are selectively disengaged from their normal connections in the car.; [0014] the steering wheel 101 may have a device that provides varying resistance to the turning of the wheel 101 to simulate different track surfaces, water/ice on the track, or foreign objects on the road. Similarly, vibration inducing devices can be used to provide realistic, dynamic feedback to the driver to simulate changing road surfaces or off-road surfaces.).
Plavetich is analogous to the claimed invention because it pertains to the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Plavetich’s vehicle control for the advantage of vehicle control on game play which results in less game controls and cost saving (Plavetich’s [0035]).
Regarding claim 23, Biswal discloses:
wherein the mobile device is configured to provide a user interface (it is inherent that there is an interface so that mobile device 342 may be operated to aggregate user data regarding interactions of the user; [0037]) to receive second user inputs (user data regarding interactions of the user; [0037]); and wherein the vehicle is configured to transform the second user inputs into control signals to steer, brake, or accelerate the vehicle (the vehicle control system 330 receives input from mobile device 342 for controlling accelerator, brake and steering of vehicle control 361; [0042], [0043], [0045]).
Regarding claim 24, Biswal discloses:
wherein the user interface is configured to receive the second user inputs via at least one of voice recognition (requested data to be collected on the microphone; [0037])(the mobile device 342 may be operated to aggregate user data regarding interactions of the user to send control instructions to microphone to enable the requested data to be collected; [0037]) or gesture recognition.
Regarding claim 26, Biswal and Kim do not specifically disclose:
wherein the plurality of control elements includes at least a gear stick, and wherein while in the virtual reality mode or augmented reality mode the gear stick is interpreted by the control interface as a joystick input and while not in the virtual reality mode or augmented reality mode the gear stick is interpreted by the control interface to change a gear of the vehicle.
However, Plavetich discloses:
wherein the plurality of control elements includes at least a gear stick ([0012] gear shifter 105), and wherein while in the virtual reality mode or augmented reality mode the gear stick is interpreted by the control interface as a joystick input and while not in the virtual reality mode or augmented reality mode the gear stick is interpreted by the control interface to change a gear of the vehicle ([0012] The in-vehicle gaming system uses the actual vehicle to provide the controls and displays for input and feedback of the game indications and actions.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Plavetich’s vehicle control for the advantage of vehicle control on game play which results in less game controls and cost saving (Plavetich’s [0035]).
Claims 5-10 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Biswal, in view of Kim, in view of Plavetich, and in view of Lian (US 9568995 B1).
Regarding claim 5, Biswal discloses:
wherein the user interface is configured to receive the second user inputs via recognition (the mobile device 342 may be wearable sensors to aggregate user data; [0033], [0036]).
Biswal, Kim and Plavetich do not specifically disclose: gesture recognition.
However, Lian discloses:
wherein the user interface (Fig. 2 – head-mounted device 104 and steering wheel 110) is configured to receive the second user inputs via gesture recognition (steering wheel 110 receives user control via user’s movement/interaction; col. 5, line 34 – col. 6, line 4).
Lian is analogous to the claimed invention because it pertains to the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control by sensed movement/interaction on the steering wheel for the advantage of controlling a remote steering which results in user’s remote control experience.
Regarding claim 6, Biswal, Kim and Plavetich do not specifically disclose:
wherein the user interface includes a handheld controller configured to transmit gesture input data in an augmented reality or virtual reality.
However, Lian discloses:
wherein the user interface includes a handheld controller (Fig. 2 - steering wheel 110) configured to transmit gesture input data in an augmented reality or virtual reality (virtual reality)(steering wheel 110 of the system 100 receives user control and the system 100 can render a view of a virtual reality environment including the driving of the automobile using the steering wheel 110; Figs. 2-4; col. 2, lines 27-39, col. 5, line 34 – col. 6, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control by sensed movement/interaction on the steering wheel and system that renders a view of virtual reality environment to include the driving of the automobile using the steering wheel for the advantage of controlling a remote steering and presenting a virtual reality environment of driving of the automobile which results in user’s remote control experience.
Regarding claim 7, Biswal, Kim and Plavetich do not specifically disclose:
wherein the user interface includes an augmented reality or virtual reality that presents a vitalized control element of the vehicle via a head mounted display or glasses.
However, Lian discloses:
wherein the user interface includes an augmented reality or virtual reality (virtual reality) that presents a vitalized control element (Fig. 4 – virtual steering wheel 404) of the vehicle via a head mounted display or glasses (Fig. 2 – head-mounted device 104)(user is presented an virtual reality environment including the virtual steering wheel 404 via head-mounted device 104; Fig. 4; col. 2, lines 51-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control that renders a view of virtual reality environment to include a virtual steering wheel via a head-mounted device for the advantage of presenting a virtual steering wheel would allow the user to visually see the steering wheel while maneuvering the automobile which results in user’s remote control experience.
Regarding claim 8, Biswal discloses:
further comprising:
an advanced driver assistance system (Fig. 6 - the in-vehicle computing system 604) having sensors (vehicle sensors; [0068]) configured to monitor an environment of the vehicle (environment of the vehicle), the advanced driver assistance system capable of driving the vehicle in an autonomous mode (the in-vehicle computing system 604 generates the navigational instructions utilizing information regarding environment of the vehicle from the vehicle sensors, and the in-vehicle computing system may provide more autonomous and accurate operation; [0068], [0015]).
Regarding claim 9, Biswal discloses:
presentation of the environment captured by the sensors of the advanced driver assistance system (the display 602 of an in-vehicle computing system 604 may provide navigational instructions including route having merging sections/intersection based on geographic location of the vehicle; [0068], [0035]).
Biswal, Kim and Plavetich do not specifically disclose:
wherein the augmented reality or virtual reality includes presentation of the environment captured by the sensors.
However, Lian discloses:
wherein the augmented reality or virtual reality includes presentation of the environment captured by the sensors (virtual reality environment includes road 306/406 the automobile 102 is traveling in captured by the sensors; Figs. 2-4, col. 4, line 59-col. 5, line 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control that displays routes to further incorporate Lian’s vehicle control that presents roads in the virtual reality environment for the advantage of presenting the road while maneuvering the automobile and allowing the user to monitor road conditions/traffic which results in user’s remote control experience.
Regarding claim 10, Biswal discloses:
wherein the advanced driver assistance system is configured to monitor safety of the vehicle operated according to control signals transmitted according to user inputs and transmit further control signals according to predetermined safety rules (the in-vehicle computing system 604 monitors the cognitive load of a driver of the vehicle to maintain/reduce cognitive load to below the cognitive load threshold in order to ensure safety of the driver operating the vehicle; [0068]-[0071]).
Regarding claim 16, Biswal discloses:
wherein the user interface is configured to receive the second user inputs via recognition (the mobile device 342 may be wearable sensors to aggregate user data; [0033], [0036]).
Biswal, Kim and Plavetich do not specifically disclose: gesture recognition.
However, Lian discloses:
wherein the user interface (Fig. 2 – head-mounted device 104 and steering wheel 110) is configured to receive the second user inputs via gesture recognition (steering wheel 110 receives user control via user’s movement/interaction; col. 5, line 34 – col. 6, line 4).
Lian is analogous to the claimed invention because it pertains to the same field of vehicle control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control by sensed movement/interaction on the steering wheel for the advantage of controlling a remote steering which results in user’s remote control experience.
Regarding claim 17, Biswal, Kim and Plavetich do not specifically disclose:
wherein the user interface includes a handheld controller configured to transmit gesture input data in an augmented reality or virtual reality.
However, Lian discloses:
wherein the user interface includes a handheld controller (Fig. 2 - steering wheel 110) configured to transmit gesture input data in an augmented reality or virtual reality (virtual reality)(steering wheel 110 of the system 100 receives user control and the system 100 can render a view of a virtual reality environment including the driving of the automobile using the steering wheel 110; Figs. 2-4; col. 2, lines 27-39, col. 5, line 34 – col. 6, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control by sensed movement/interaction on the steering wheel and system that renders a view of virtual reality environment to include the driving of the automobile using the steering wheel for the advantage of controlling a remote steering and presenting a virtual reality environment of driving of the automobile which results in user’s remote control experience.
Regarding claim 18, Biswal, Kim and Plavetich do not specifically disclose:
wherein the user interface includes an augmented reality or virtual reality that presents a vitalized control element of the vehicle via a head mounted display or glasses.
However, Lian discloses:
wherein the user interface includes an augmented reality or virtual reality (virtual reality) that presents a vitalized control element (Fig. 4 – virtual steering wheel 404) of the vehicle via a head mounted display or glasses (Fig. 2 – head-mounted device 104)(user is presented an virtual reality environment including the virtual steering wheel 404 via head-mounted device 104; Fig. 4; col. 2, lines 51-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control to further incorporate Lian’s vehicle control that renders a view of virtual reality environment to include a virtual steering wheel via a head-mounted device for the advantage of presenting a virtual steering wheel would allow the user to visually see the steering wheel while maneuvering the automobile which results in user’s remote control experience.
Regarding claim 19, Biswal discloses:
further comprising:
an advanced driver assistance system (Fig. 6 - the in-vehicle computing system 604) having sensors (vehicle sensors; [0068]) configured to monitor an environment of the vehicle (environment of the vehicle), the advanced driver assistance system capable of driving the vehicle in an autonomous mode (the in-vehicle computing system 604 generates the navigational instructions utilizing information regarding environment of the vehicle from the vehicle sensors, and the in-vehicle computing system may provide more autonomous and accurate operation; [0068], [0015]).
Regarding claim 20, Biswal discloses:
presentation of the environment captured by the sensors of the advanced driver assistance system (the display 602 of an in-vehicle computing system 604 may provide navigational instructions including route having merging sections/intersection based on geographic location of the vehicle; [0068], [0035]).
Biswal, Kim and Plavetich do not specifically disclose:
wherein the augmented reality or virtual reality includes presentation of the environment captured by the sensors.
However, Lian disclose:
wherein the augmented reality or virtual reality includes presentation of the environment captured by the sensors (virtual reality environment includes road 306/406 the automobile 102 is traveling in captured by the sensors; Figs. 2-4, col. 4, line 59-col. 5, line 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Biswal as modified’s vehicle control that displays routes to further incorporate Lian’s vehicle control that presents roads in the virtual reality environment for the advantage of presenting the road while maneuvering the automobile and allowing the user to monitor road conditions/traffic which results in user’s remote control experience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
theverge.com (https://www.theverge.com/2019/6/18/18684297/tesla-arcade-model-3-hands-on-beach- buggy-racing-2-demo-electric-cars) discloses Tesla Arcade hands-on: using a Model 3 steering wheel as a game controller.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAYSUN WU whose telephone number is (571)272-1528. The examiner can normally be reached Monday-Friday 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAYSUN WU/Examiner, Art Unit 3665
/DONALD J WALLACE/Primary Examiner, Art Unit 3665
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